I am an experienced commercial IP lawyer, advising on all intellectual property rights. My work covers both contentious and non-contentious.
The focus is on digital media and technology sectors and I advise companies on the acquisition, production and licensing of content including ‘fingerprint’ tech companies which track and report revenue. Because of the increasing complexity of copyright, I set up a team to investigate royalty income flows worldwide to promote transparent and accurate accounting.
I also work closely with the Corporate and Finance teams to service corporate and investor clients seeking to acquire copyright assets and provide funding for newco’s to exploit those assets.
Previously I was senior in-house Counsel for a number of multinational companies. I worked for Virgin Records and its affiliated music publishing company. I also worked for Picture Music International, a division of EMI Records active in film, TV and video production.
I set up my own law firm in 1998. The firm had associate offices in New York.
I also set up the Entertainment Alliance – an Anglo-Scottish advisory network of specialist lawyers and accountants to promote cross border legal and financial services in the media and entertainment sectors.
Brands & Intellectual Property
I deal with all intellectual property rights issues and negotiate agreements relating to the creation and exploitation of such rights. I advise on the acquisition, protection and securitization of all IP rights and also advise on copyright infringement issues.
My work includes:
- analysis and due diligence on copyright assets (sound recordings, musical and literary works) to secure such assets and the related royalty income flows
- advising on all aspects of trade mark registration and protection including related logos/devices
- dealing with disputes with trade mark registries and advising on take down strategies and domain name issues including cybersquatting
- advising brands on content and marketing materials produced for digital media campaigns worldwide
- IP audits and corporate IP due diligence
I advise and deal with a wide range of commercial matters. Some examples:
- negotiating and advising on numerous production, co-production, recording, publishing , broadcast and distribution agreements, ticketing terms and conditions, agency and management agreements. Also joint venture agreements, development deals, heads of terms, sales and licensing agreements
- handling the production and operation of the "Escape To New York" event in the Hamptons NY
- advising on the filming of the "Musica Liberat" events in Strasbourg and Berlin and their subsequent broadcast throughout Eastern Europe
- service level agreements
- sponsorship and endorsement agreements
- digital marketing and agency agreements
- website and app development agreements
Media & Entertainment
Examples of my work in the Media & Entertainment sector include:
- representing rights owners and artists and handle all rights issues. I advise on recording, publishing, broadcast and sponsorship. My work also includes advising on the acquisition, protection and securitisation of copyright assets
- working with a team to audit and conduct all due diligence on copyright owners and carry out investigation into copyright assets and global royalty income flows worldwide to identify issues which impact on these and on accurate reporting and accounting
- representing major festivals and live events such as Secret Garden Party dealing with all production and related operational issues. I advise on all matters from venue hire, artists’ agreements, ticketing, hospitality sponsorship, filming and recording and merchandising
- advising on enforcement action to prevent illegal activity such as ambush marketing and unauthorised ticket sales
- advising the Association of Independent Festivals (AIF) which is the independent live sector’s principal governing body
Awards and Recognition
- Legal 500 2018 - Nigel Dewar Gibb is recommended [Media & Entertainment].